Ramaphosa Asked to Suspend Senior South African Judge Pending Removal Process

The Judicial Service Commission (JSC) of South Africa has recommended to the head of state, President Cyril Ramaphosa, that Eastern Cape Judge President Selby Mbenenge be suspended pending a decision by Parliament whether to remove him.

The JSC, in a media statement issued on the 27 th of July 2026, says it reached this decision after considering written representations from the parties to a complaint lodged by Ms. Andiswa Mengo, an attorney, against Judge President Mbenenge.

The commission reported that the meeting was convened on the 7 th of July 2026, in terms of section 20(1) of the Judicial Service Commission Act 1994.

The members appointed by the National Assembly and the National Council of Provinces were excluded from any deliberations in terms of the Act.

“At this meeting, the JSC resolved to advise the President to suspend Judge President Mbenenge from his duties pending the decision of the National Assembly as contemplated in section 177 of the Constitution,” the commission said.

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Process of Suspending a Judge According to Section 20(1) of the JSC Act 1994

JSC also noted it had deliberated on whether to recommend to the President that Mbenenge be suspended in terms of Section 177(3) of South Africa’s Constitution, pending completion of Parliament.

Nor does the recommendation mean an immediate suspension from office.

Ms. Mbenenge was the complainant.

The JSC’s most recent announcement did not address the substance of the complaint, but only the commission’s decision to suspend her.

According to Section 177(3) of South Africa’s Constitution, the President, acting on the advice of the JSC, has the right to suspend a judge who is undergoing removal proceedings.

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Conditions and Procedures for the Suspension of a Judge President, Specifically Selby Mfanelo Mbenenge

For the suspension to occur, there has to be a condition where the power can only be exercised if the judge is undergoing a formal removal procedure (impeachment) provided for in Section 177(1).

However, there is the prerequisite that before the President can exercise his power, he requires a formal recommendation or advice from the JSC73 before he can exercise his power of suspension.

The above was released by the Secretariat of the Judicial Service Commission on 27 July, confirming that the report has been sent to the President for action.

Selby Mfanelo Mbenenge is the Judge President of the Eastern Cape Division of the High Court of South Africa.

He became a judge on the bench in July 2015 and was promoted to serve as the Judge President in November 2017.

He was a former advocate and silk in East London and Mthatha.

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Eastern Cape Judge President Selby Mbenenge is set to be suspended pending a decision by Parliament on whether to remove him. PHOTO/DPP